Receiverships

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Rebecca R. DeMarb serves statewide as a receiver in the context of Chapter 128, foreclosures, and judgment enforcement or “supplemental” receiverships.

Courts have appointed DeMarb as receiver across a wide variety of industries shutterstock_225140176 Auctionincluding but not limited to commercial real estate, residential real estate, construction, agricultural implements, retail, intellectual property and manufacturing.

As Receiver, DeMarb analyzes each case independently, with a cost-benefit analysis of the various options at the forefront of her decision making.  Together with others at Sweet DeMarb LLC, auctioneers, real estate brokers, business brokers and consultants, DeMarb focuses on finding and achieving the maximum return on the assets over which she has been appointed, while always taking the cost of achieving the return into account.

 

The following are some cases representative of DeMarb’s receivership practice:

The Orpheum Theatre (Sold Out, LLC v. 216 State Street, LLC, et. al., 12 CV 3615 (Dane County)(appointed as foreclosure Receiver over the historic Orpheum Theatre and, as such, acted as the owner of the real estate with regard to upkeep and maintenance, including fire restoration, and participated in a Management Agreement allowing for events to be hosted at the Orpheum over a period of approximately 16 months).

Raemisch Implement, Inc., 11 CV 3883 (Dane County)(appointed as Chapter 128 receiver over assets of large agricultural implement dealer; negotiated distribution of cash proceeds from successful auction between lessors, consignors, several banks as secured creditors and dealers).

Nicolet National Bank v. Whitefield Industrial Coatings, Inc. 12 CV 732 (Brown County)(appointed as Chapter 128 receiver over assets of an operating manufacturing company; resulting in sale as going concern).

First Commercial Bank of Tampa v. Krone, et. al, 08 FJ 0038 (Dane County)(appointed as supplemental receiver over assets of an individual which assets included 100% of the stock in an operating, healthy business; in the face of constant litigation and a subsequent Chapter 11 filing, managed the sale of the operating business to pay all business creditors and make a significant distribution to the judgment creditor).